How To Make Fast And Effective Legal Action After A Wrongful Death in 2021

Related

Unintentional injuries are an unfortunate, universal reality. On an average year, 2.78 million fatalities occur due to work-related accidents, according to the ILO. That doesn’t include unintentional fatalities from other sources, such as medical malpractice and other results of malicious intent or gross negligence.

And that number is liable to increase now that health and safety systems are spread thin. Too often, such tragedies leave the families of the victim bereft.

If you ever find yourself on the receiving end of such an outcome, remember that swift and effective legal action is necessary to obtain justice and compensation for your loss, just as with an injury lawsuit.  

Take Effective Legal Action After A Wrongful Death

Ensure your eligibility to make a claim

Legal Action

Before filing a wrongful death claim, you should first check whether you’re eligible as a claimant. Eligibility for wrongful death can vary across jurisdictions, but usually, only the children, spouse, parents, or other registered dependents of the deceased may file a wrongful death claim.

If you are a sibling or friend of the victim, the most common option is a survival action lawsuit. Also, note that children who have been legally adopted usually cannot file a wrongful death claim for their biological parents. The same is true for parents of deceased individuals whom they had legally given up for adoption.

Determine liability in the wrongful death

Legal Action

It is vital that you ensure that the person you are seeking to hold responsible for the wrongful death is entirely to blame. For example, if the actions of an employee caused the death, then the company can be held liable for lacking in hiring or training standards. Not to mention that the employers would be far more capable of paying damages.  

It’s also imperative that you start building your case against the defendant by marking out where they have failed in their duty of care. This can either be due to an irresponsible or deliberate breach of said duty.

The critical elements you need to prove are that there was indeed a duty of care, that the defendant had breached it, and that this breach directly led to your loved one’s demise. If it is not readily apparent, investigative efforts by your attorney and other parties would bring such negligence to light soon enough. But it’s better to offer any insight you may have right away, to give your legal team a headstart in building the case.

Get in touch with Wrongful Death Attorneys right away

Legal Action

Once you’ve decided to mount a wrongful death claim, it’s best to file a claim and get in contact with wrongful death attorneys as soon as possible. Statutes of limitations for wrongful death filings vary between countries and even between states. These statutes are usually strictly followed, with only a few exceptions.

The process is liable to be extended beyond your expectations, so it’s best to consult with an attorney and get it started immediately. With lawyers handling the heavy lifting in completing your requirements from the start, you save yourself a lot of time and stress throughout the course of the claim. Your attorney will simply tell you if there’s a part you need to play to help the process along, such as obtaining any paperwork linked to the wrongful death. 

Form a plan of action with your legal team

Legal Action

Although your attorneys will take up the brunt of the work, it’s still important to coordinate with them closely to ensure that the suit proceeds smoothly. This includes any activities conducted by your loved one before their accident, such as any quarrels they may have had or claims they were pursuing.

You may also want to speak with witnesses yourself to get a closer look at the circumstances surrounding the incident. Any effort on your part to contribute to the information your attorneys have access to would be beneficial for the case. 

Oftentimes, it’s more advantageous to seek a favorable settlement with the defendants. This can let you avoid the expenses of a protracted claim, and will give you a better chance of receiving compensation if your case is not as strong as you would like. Your lawyers will advise you on whether or not this is a favorable action, but it should never be off the table.

However, it’s also likely that the defendant will dismiss your attempts to reach settlement. You should begin laying plans to continue with the claim before the defendant has a chance to refuse settlement talks. This way, you give them as little time as possible to build a case of their own against you.

Refrain from speaking to the public or the defendant unless necessary

It’s a common tactic for defendants to try to persuade or intimidate you into accepting a small settlement, or trip you up into saying something compromising. Since you can never be sure of how predatory the defendant can be once a claim has been mounted against them, you’re best advised not to speak to them at all outside of settlement talks, at least for the duration of the lawsuit .

If you absolutely must communicate with them, consider sending one of your attorneys as a liaison or bring them along to advise you. Remember that there is no obligation for you to speak with the defendant or anyone that represents them. You’re also advised against making a public statement about the incident, as this opens up innumerable opportunities to say something that can be used against you. 

Lay out the compensations you want to receive 

In the event that settlement talks break down, your lawyers are going to do everything in their ability to ensure that you get your claim. But ultimately, you decide what damages you feel you are entitled to. Baseline compensations include medical and funeral bills, as well as loss of income.

But you can also claim compensation for loss of support from the deceased, to gain damages for the support they would have provided if they had lived, whatever form this support may have taken. Additionally, you are able to file for mental anguish damages, in order to be given recompense for the grief caused by their passing. Finally, if you think that the actions that led to your loved one’s demise were grossly heinous, you can also claim punitive damages to punish the defendant.

Losing a loved one to wrongful death is difficult for everyone, but it shouldn’t be more difficult than it needs to be. Trusted attorneys can help you take effective legal action and only ask for compensation once the case is shut and all damages have been paid to you.  

LEAVE A REPLY

Please enter your comment!
Please enter your name here